The Legal Environment of Human Resources Management 63Having a record of such an impairment. This could include people
who have recovered from a heart attack, cancer, back injuries, or
mental illness.
Being regarded as having an impairment. This would include
individuals who are perceived as having a disability, such as
individuals suspected of having the HIV virus.
Under the ADA, to be considered qualifi ed, an individual must be able
to perform the “ essential functions of the position, ” meaning that the
individual must satisfy the prerequisites for the position and be able to
perform the essential functions of the job with or without reasonable
accommodation.
Employers must provide the disabled with “ reasonable accommoda-
tions ” that do not place an undue hardship on the organization. Undue
hardship is defi ned as an adjustment related to an employer ’ s operation,
financial resources, and facilities that requires significant difficulty
or expense. Undue hardship and reasonable accommodation are to be
determined on a case - by - case basis, taking into account such matters as the
size of the employer, the number of employees responsible for a particular
job or tasks, and the employer ’ s ability to afford the accommodation.
Accommodations may include interventions such as reassignment, part - time
work, and fl exible schedules, as well as modifi cations in equipment and
the work environment, such as acquiring a special telephone headset or
larger computer screen or moving a training workshop to a location
accessible to wheelchairs.
In 2001, the U.S. Supreme Court, using the reasoning to that in Kim-
mel , ruled that the Eleventh Amendment to the U.S. Constitution bars
state employees from suing their state employer for alleged violations of
the ADA ( Board of Trustees of the University of Alabama v. Garrett , 2001). This
case, like the Kimmel decision, limits state employer liability and also limits
congressional authority to implement antidiscrimination regulations in
state government.Immigration Reform and Control Act of 1986, as Revised in 1990
Under the Immigration Reform and Control Act, it is unlawful for a person
or other entity to hire or continue to employ an alien knowing that the
alien is unauthorized to work in the United States. It is not an unfair
employment practice to prefer to select or recruit an individual who is a
citizen of the United States instead of a noncitizen if the two individuals